· 1/13/2014
4105 1st Avenue South Investments, LLC v. Green Depot WA Pacific Coast, LLC
Citations
- 179 Wash. App. 777
- 321 P.3d 254
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that 42 Pa.C.S. § 5505 gives a trial court broad discretion to consider a motion for reconsideration if the motion is filed within thirty days of the entry of the disputed order
- finding no evidence of extrinsic fraud where appellant allegedly misunderstood terms of agreement and was dissatisfied with counsel
- interpreting 23 Pa.C.S.A § 3332 and 42 Pa.C.S.A. § 5505 as applied to a qualified domestic relations order (“QDRO”
- “[A]ppellant’s misunderstanding about the terms of the agreement is not sufficient to permit the lower court to open the [order implementing the pension benefits]”
- trial court may modify order more than thirty days after its entry “to correct clerical error or other formal error which is clear on face of record and which does not require exercise of discretion”
- “the trial court has broad discretion to modify or rescind a QDRO within thirty days of the entry of the QDRO, but after thirty days the trial court may reconsider a QDRO only if there is a showing of extrinsic fraud or other extraordinary cause”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lau, Schindler, Verellen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.